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INDONESIA
Jurnal Independent
Published by Universitas Islam Lamongan
ISSN : 27752011     EISSN : 27751090     DOI : https://doi.org/10.30736/ji.v13i2
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
The Jurnal Independet is a peer-reviewed academic journal focusing on the development of legal studies and practices in national and international contexts. It publishes scholarly articles, research findings, case studies, and critical analyses covering various fields of law, including constitutional law, criminal law, civil law, administrative law, international law, human rights, and legal philosophy. This journal seeks to provide a platform for academics, legal practitioners, policymakers, and students to exchange ideas, foster dialogue, and contribute to the advancement of legal knowledge. With an interdisciplinary approach, the journal emphasizes both theoretical perspectives and practical implications in addressing contemporary legal challenges. The journal is published [periodically—e.g., twice a year/quarterly] and welcomes submissions in English and Bahasa Indonesia, ensuring accessibility to a wide range of readers. Its mission is to strengthen legal scholarship and support the development of just and sustainable legal systems.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 239 Documents
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Legal Liability of Beauty Product Business Owners for Overclaims on Products Suisno; Muljono, Bambang Eko; Saputri, Nur Rahmah; Achmad Ausathuha
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.390

Abstract

The beauty product industry in Indonesia is experiencing rapid growth which has also triggered the practice of overclaiming by business actors, namely excessive claims to the benefits or content of products without scientific basis. This practice misleads consumers and poses health risks, especially in skincare products. This research discusses two problem formulations: namely how the legal responsibility of business actors for the practice of overclaim, and how legal protection for consumers. This research uses normative juridical methods through statutory and conceptual approaches, the results of this study indicate that business actors can be held civilly, administratively, and criminally liable in accordance with the GCPL and BPOM regulations. Legal protection of consumers is carried out preventively, namely prevention efforts carried out before violations of consumer rights occur and repressive, namely a form of protection that includes dispute resolution, either through the court, the Consumer Dispute Resolution Agency (BPSK), or the provision of administrative and criminal sanctions to business actors who violate legal provisions.
Legal Regulations Regarding Online Donation Management Through Platforms Nayasari, Dhevi; M. Yanto; Muhibbulloh, Muhammad Za'im; Melvi, Ardita
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.391

Abstract

The development of digital technology has driven changes in various aspects of life, including in fundraising activities or online donations which are now widely carried out through various digital platforms, but this convenience also poses challenges in legal protection, transparency and accountability of donation management. Along with technological advances, fundraising activities can now be done via the internet. In this online donation process, donations given by donors are not directly received by the beneficiaries, this opens up opportunities for Platform organizers and Campaigners to commit acts of misuse of funds. Therefore, this study will discuss how the legal regulations regarding the management of online donations through platforms and how legal sanctions are imposed on platforms for embezzlement of online donation funds in Indonesia from the perspective of civil law, criminal law and government supervision of online fundraising activities. This study uses a normative legal method, is descriptive analysis, with a statutory approach. The results of the study show that; online donation management is regulated in general regulations, the legal materials used are primary legal materials including: Law Number 9 of 1961 concerning the collection of money or goods, Law Number 11 of 2008 concerning transactions and electronics, Law Number 15 of 2002, Law Number 27 of 2022, Government Regulation Number 29 of 1980 and Regulation of the Minister of Social Affairs Number 28 of 2021. These regulations have not fully regulated specifically regarding online donations. Meanwhile, legal sanctions for misuse of funds from online donations through platforms include civil and administrative criminal sanctions in accordance with Article 372 of the Criminal Code and Article 1365 of the Civil Code.
Legal Responsibility for Perpetrators of Burning Electronic Component Waste in Open Spaces Tjahjanjani, Joejoen; Isnaini, Enik; Nida, Khairun; Pradana, Hendy Surya
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.392

Abstract

Environmental pollution, especially caused by the open burning of waste electronic components, is very dangerous to the environment and living things. In addition, electronic waste has various forms, so there is a need for environmental legal regulations that regulate electronic waste specifically. The research method in this study uses a normative juridical research type, with a statute approach and a concept approach. The primary legal material used is Law Number 32 of 2009 concerning Environmental Protection and Management. From the results of the research carried out, it can be concluded that; First, that the legal basis for environmental pollution due to the open burning of electronic component waste refers to Government Regulation Number 101 of 2014 concerning the Management of Hazardous and Toxic Materials Article 5 Paragraph (2) because this type of waste should not be disposed of carelessly because the content in it can damage the environment. That for the management of electronic component waste, it must be carried out by a licensed and certified institution from the Ministry of Environment and Forestry Second, that legal sanctions against the perpetrators of the disclosure of electronic component waste include administrative sanctions that do not exempt the person in charge of the business and activity from the responsibility for recovery, civil sanctions are aimed at every person in charge of the business or activity that violates the law in the form of environmental pollution, criminal sanctions resulting from exceeding ambient air quality standards, water quality standards, seawater quality standards or deliberate environmental damage, because the effects of open burning due to electronic component waste are very harmful to the environment.
Freedom of Expression in Critical Content on Public Infrastructure via Social Media Chusnul Khitam, Muhammad; Isnaini, Enik; Rizkiyah, Putri Ainiyatur
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.393

Abstract

Freedom of speech is the right of every person to express their opinions regarding criticism, suggestions, and opinions. One form of conveying criticism is by creating content related to public infrastructure. Based on this background, the author proposes a formulation of the problem, namely, first, how are the legal rules for freedom of speech on social media. Second, how is the legal protection for content creators criticizing public infrastructure on social media. This research method uses a normative juridical research type, with a statute approach. The legal materials used are primary legal materials including: the 1945 Constitution, Law Number 9 of 1998, Law Number 39 of 1999 and Law Number 1 of 2024, the second amendment to Law Number 11 of 2008. From the results of the study, it can be concluded that: the legal rules for freedom of opinion on social media are regulated in Article 28E paragraph (3) of the 1945 Constitution, regulated in Article 1 paragraph (1) of Law Number 9 of 1998 and in Article 23 paragraph (2) of Law Number 39 of 1999. And legal protection for creators of content criticizing public infrastructure is regulated in Article 28F of the 1945 Constitution and regulated in Article 14 paragraph (2) of Law Number 39 of 1999, and based on the Constitutional Court Decision Number 105/PUU-XXII/2024. Given that the rights that a person has carry the consequence of an obligation to respect the rights of others or with society, then this right does need to be limited. This limitation is regulated in Law Number 1 of 2024, the second amendment to Law Number 11 of 2008, where this limitation also plays a role as an ethic in interacting through various media, one of which is social media.
Legal Responsibility of Desk Collection in Threats of Psychic Violence Against Financial Technology Customers Shodiq, Ja'far; Khitam, Muhammad Chusnul; Arianto, Arianto; Khumairoh, Nur Izzatul
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.394

Abstract

Crime committed by desk collection is a type of crime carried out through electronic media that violates the Law on Electronic Information and Transactions (ITE Law), where in fact the debt collection process should be conducted ethically and politely towards debtors. However, the crimes committed by desk collection agents grossly violate both company procedures and the law. The crimes committed by desk collection agents, particularly in the form of psychological threats via online media through Financial Technology (Fintech) applications, constitute violations of the ITE Law, which prohibits intentionally and unlawfully sending electronic information containing threats or intimidation, which is punishable by law. The mistakes made by desk collection agents include carrying out collection methods such as insults, dissemination of debtor information that should be kept private, and repeated terror or intimidation, all of which violate the elements stipulated in the ITE Law. Based on the background above, the writer formulates the following research questions: First, how is the legal regulation regarding debt collection through electronic media? Second, how is legal protection provided for debtors who are victims of desk collection? The type of research used in this study is normative legal research, also known as library or doctrinal research. The legal materials used consist of primary and secondary legal materials, including: Article 29 in conjunction with Article 45B of Law Number 11 of 2008 on Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), which prohibits the use of personal data without the owner's consent. Protection for fintech customers is regulated in OJK Regulation No. 77/POJK.01/2016, which requires every fintech company to implement procedures and safeguards for the confidentiality of customer data, both personal and transactional
Settlement of Regional Election Results Disputes: A Normative Analysis of the Provisions of Legislation in Indonesia: Settlement of Regional Election Results Disputes: A Normative Analysis of the Provisions of Legislation in Indonesia Munir Rochmawanto; Fithriyatus Sholihah; Niswatun Faizah; Panji Dani Ramadhan
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.383

Abstract

Regional Head Elections (Pilkada) are a crucial pillar of Indonesia's democratic system, manifesting popular sovereignty at the local level. Despite being a manifestation of democracy, Pilkada often gives rise to disputes that impact political stability and public trust. This study aims to examine the legal regulations and mechanisms for resolving disputes over the results of Regional Head Elections in Indonesia and identify challenges and solutions in their implementation. The research method used is normative juridical with a statutory approach. The results indicate that the Constitutional Court has the authority to handle disputes over the results of Regional Head Elections, while the Election Supervisory Agency (Bawaslu) and the State Administrative Court (PTUN) handle disputes over the process and state administration. However, implementation in the field faces challenges due to multiple interpretations of regulations, overlapping authority, and political pressure. Regulatory improvements, institutional strengthening, and legal education are needed to maintain the integrity of the Pilkada.
Trafficking in Persons for Organ Transplantation: A Legal Analysis of Criminal Liability and Enforcement Challenges Isnaini, Enik; al-kautsar, Muhammad Syakir; Nugroho, Fajar Seto; Muhklisati Suaidah, Adelia Bilqis
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.400

Abstract

This study discusses the crime of human trafficking committed with the purpose of taking and transplanting victims' organs. This criminal act is a modern form of human exploitation that involves illegal networks between countries, taking advantage of economic inequality and the scarcity of legal organs. The research method used is normative (literature), with a statutory approach and a conceptual approach. Legal sources include international legal instruments such as the Palermo Protocol, the United Nations Convention against Transnational Organized Crime, as well as national regulations such as Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law No. 36 of 2009 concerning Health (especially related to organ transplantation). The results of the study show that although normative laws and regulations have prohibited the practice of trafficking in persons for organ transplantation, there are still weaknesses in the coordination of law enforcement between agencies, difficulties in proving elements of exploitation, and regulatory gaps related to organ transplantation between countries that are not strictly supervised. The conclusion of this study emphasizes the need for harmonization between criminal law and health law, increasing international cooperation, and strengthening the organ transplant supervision system to effectively prevent and crack down on human trafficking for organ transplantation
Legal Rules Against The Use Of Joint Accounts In Online Transactions Nahdliyah, Hadziqotun; Nida , Khairun; Sastradinata, Dhevi Nayasari; Pramana, Hans Andika
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.401

Abstract

Online transactions have encouraged the emergence of various forms of financial cooperation, including the use of joint accounts by parties who are not bound by conventional banking relationships such as families or business entities. This practice creates legal complexity, especially related to the status of fund ownership, the responsibilities of the parties, and consumer protection in the digital payment system. This study aims to analyze the legal framework that applies to the use of joint accounts in online transactions in Indonesia, as well as identify regulatory loopholes that have the potential to cause legal uncertainty. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that there is no specific regulation that explicitly regulates joint accounts for non-institutional online transactions. The existing arrangements are still general and scattered, causing uncertainty regarding risk sharing, proof of transaction authorization, and dispute resolution between account owners. This study recommends the need for regulatory harmonization and the establishment of specific guidelines by financial services authorities to provide legal certainty and protect parties using joint accounts in the online transaction ecosystem.
Assessing Proactive Investigation Techniques Against Corruption: A Comparative Study of Indonesia, the United States, Hong Kong, and Singapore Lutfiasandhi, Kristiya; Dian Ningtias, Ayu; Sintia Putri, Dewi Ajeng
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.402

Abstract

The Indonesian Criminal Procedure Code (KUHAP) does not formally recognize the term Operasi Tangkap Tangan (OTT) or "Sting Operation." The regulation concerning a red-handed arrest is strictly provided under Article 1 point 19 of the KUHAP. In executing an OTT, the Corruption Eradication Commission (KPK) primarily utilizes two techniques: wiretapping (surveillance) and entrapment (sting operations). While the KPK Law explicitly grants the authority to conduct wiretapping, it does not provide detailed procedural regulations. Furthermore, the concept of entrapment is not formally recognized within various Indonesian anti-corruption statutes.However, from a legal perspective, the OTTs conducted by the KPK do not violate criminal procedural law. This is because, at the time of the arrest, the suspect is found in possession of objects strongly suspected to have been used to commit the crime, indicating their role as the perpetrator, an accomplice, or an accessory to the offense. Furthermore, these operations do not infringe upon the presumption of innocence or fundamental human rights, as the KPK carries out the OTT in accordance with the procedures established Indonesia Law.
Review of The Law of Special Citizenship on Naturalization in Indonesia Rochmawanto, Munif; Arifin, Syamsul; Isnaini, Enik; Ramadhan, Dwiki Wahyu
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.403

Abstract

This study presents a legal review of the special citizenship law concerning naturalization in Indonesia, employing a normative juridical research method. The research approach includes statutory analysis, conceptual analysis, and comparative legal analysis, utilizing primary legal materials such as Law No. 12 of 2006 on Citizenship of the Republic of Indonesia, as well as secondary legal materials including academic texts and legal doctrines. The analysis examines two primary naturalization pathways: ordinary naturalization and special naturalization. Special naturalization is granted to foreigners who have rendered exceptional services to the Indonesian nation or who possess high expertise beneficial to national development. This study explores the legal criteria, procedural distinctions, and discretionary authority vested in the executive branch in granting special citizenship through a qualitative normative analysis. Furthermore, it identifies legal ambiguities, inconsistencies in implementation, and potential conflicts with constitutional principles of non-discrimination and legal certainty. The findings indicate that while special naturalization serves as an instrument to attract talent and reward extraordinary contributions, its application lacks transparent guidelines, leading to potential arbitrariness from a legal perspective. This review recommends the formulation of clearer objective criteria and judicial oversight mechanisms to align special naturalization practices with the rule of law and principles of good governance.

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